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Terms of Service

Last updated: [April 28th, 2025]

Introduction

These terms of service constitute a binding agreement between you and Network Capital, LLC (the “Company,” “we,” “us,” or “our”). These terms of service, together with any documents they incorporate by reference, govern your access to and use of our proprietary virtual interaction platform, which enables simulated messaging experiences through services such as WhatsApp, Telegram, and other supported messaging platforms (the “Service”).

Acceptance of the Terms of Service

Please read these terms of service carefully before you use the Service. By accessing or using the Service or by clicking to accept or agree to these terms of service when this option is made available to you, you acknowledge that you have read, understood, and agreed to be bound by these terms of service. If you do not agree to these terms of service, you must not access or use the Service.

These terms of service contain provisions that govern how claims you and we have against each other are resolved, including:

They also include an Arbitration and Class Action Waiver (the “Arbitration Agreement”). Except for certain types of disputes described in the Arbitration Agreement, you and we agree that any disputes arising out of these terms of service or your access or use of the Service will be resolved through binding arbitration. By accepting these terms of service, you and we are each waiving the right to a trial by jury or representative proceeding or to participate in any class action lawsuit or class-wide arbitration.

Eligibility to Use the Service

To use the Service, you must:

  • Be at least 18 years old (or the legal age of majority in your jurisdiction if higher);
  • Have the legal capacity to enter into a binding agreement; and
  • Not find adult-oriented material offensive.

By using the Service, you state that you meet these eligibility requirements. If you do not, you must not access or use the Service. It is your responsibility to ensure that your access or use of the Service complies with local laws and regulations.

Definitions

In these terms of service, the following definitions apply:

“Content” means text, images, audio, video, and other materials available through the Service.

“Creator” means a User whose likeness, voice, or persona has been used by the Company to develop a simulated messaging experience available on the Service.

“Creator Offering” means a dynamic, text-based digital simulation of a Creator’s persona that uses automated or algorithmic technology to engage in messaging interactions with Users.

“Customer” means a User who interacts with Creator Offerings.

“User” means any user of the Service, whether a Creator or a Customer or both (also referred to as “you” or “your”).

Changes to the Terms of Service

We may revise and update these terms of service on one or more occasions. All changes are effective immediately when we post them and apply to all access to and use of the Service afterwards. However, any changes to the Resolving Disputes provision will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Service website.

Your continued use of the Service after the posting of revised terms of service constitutes your acceptance of and agreement with the changes. We encourage you to review this page regularly to stay informed of any updates, as the revised terms of service are binding on you.

Nature of the Service

The Service allows Users to engage in simulated messaging experiences with Creator Offerings through third-party messaging platforms, including but not limited to WhatsApp and Telegram.

By using the Service, you acknowledge that:

  • Creator Offerings are automated or algorithmically generated simulations and do not represent real-time or live human interactions.
  • The Service is intended for entertainment purposes only and should not be relied upon for personal, professional, therapeutic, or legal advice.
  • The Company does not guarantee that messages or interactions will be accurate, consistent, or free from error.
  • Conversations will be monitored and reviewed to improve functionality, detect misuse, and confirm compliance with these terms of service.
  • The Company may modify, suspend, or discontinue any Creator Offering or feature at any time without notice.

Accessing the Service and Account Security

We may withdraw or amend the Service and any service or material we provide on the Service without notice. We will not be liable if any part of the Service you are accessing is unavailable. On one or more occasions, we may restrict access to any part of the Service to registered Users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Service.
  • Ensuring that all persons who access the Service through your internet connection are aware of these terms of service and comply with it.

To access the Service or any of the resources it offers, you may be required to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide is accurate. Depending on where you reside, you may be required to verify your age and identity through one or more age verification methods before you can access the Service. All information you provide to register with the Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy and you consent to all actions we take regarding your information consistent with our Privacy Policy.

If you choose, or are provided with, any piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you, and you must not provide any other person with access to the Service or portions of it using your security information. You must notify us immediately of any unauthorized access to or use of your account or any other security breach. You also must ensure that you sign out from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others cannot view or record your personal information.

We may disable any account, for any reason, including if, in our opinion, you have violated any provision of these terms of service or engaged in fraudulent or illegal activities.

You may delete your account by logging in, accessing ‘Account Settings’, and selecting ‘Delete My Account’. After your account is deleted, you will not have access to your former account or any Content. After your account is deleted, we may deal with your data in accordance with our Privacy Policy.

Intellectual Property Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Company, its licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These terms of service allow you to use the Service for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

  • Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
  • You may store files automatically cached by your Web browser for display enhancement purposes.
  • If we provide social media features with certain content, you may take those actions as are enabled by those social media features.

You must not:

  • Modify copies of any materials from the Service.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • elete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.

You must not access or use the Service, or any materials or features available through it, for commercial purposes unless we agree otherwise in a separate written agreement.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these terms of service, your right to use the Service will terminate immediately and you must, at our option, return or destroy any copies of the materials you have made. No interest in the Service or any content on the Service is transferred to you, and the Company reserves all rights not granted. Any use of the Service not permitted by these terms of service is a breach of these terms of service and may violate copyright, trademark, or other applicable laws.

Trademarks

The Company name, the term GOODCHAT, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use those marks without the Company’s prior written permission. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these terms of service. You must not use the Service:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or reuse any material that does not comply with our Acceptable Use Policy, which is part of these terms of service.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or try to impersonate the Company, a Company employee, another User, or any other person or entity (including, without limitation, by using email addresses or phone numbers associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or that, as determined by us, may harm the Company or Users of the Service, or expose them to liability.

Additionally, you must not:

  • Use our Service in a way that infringes, misappropriates, or violates anyone’s rights.
  • Modify, copy, lease, sell, or distribute any part of the Service.
  • Attempt to or assist anyone to reverse engineer, decompile, or discover the source code or underlying components of the Service, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
  • Use Output to develop models that compete with the Service.
  • Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other person’s use of the Service, including their ability to engage in real-time activities through the Service.
  • Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Service or any services provided through, or concerning, the Service for any purpose, including the development, training, fine-tuning, or validation of artificial intelligence systems or models. This includes using (or permitting, authorizing, or attempting the use of) (1) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, or republish any portion of the Service or any data, content, information, or services accessed through the Service, or (2) any automated analytical technique aimed at analyzing text and data in digital form to generate information or develop, train, fine-tune, or validate artificial intelligence systems or models that includes but is not limited to patterns, trends, and correlations.
  • Use the Service or any data published by, contained in, or accessible through, the Service or any services provided through, or concerning, the Service for the purposes of developing, training, fine-tuning, or validating any artificial intelligence system or model or for any other purposes set out in our Acceptable Use Policy.
  • Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not authorized in these terms of service, without our prior written consent.
  • Use any device, software, or routine that interferes with the Service’s proper working, including circumventing any rate limits, restrictions, protective measures, or safety mitigations we put in place.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
  • Attack the Service by a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise try to interfere with the Service’s proper working.

In-Person Meeting Prohibition

You must not, whether directly or indirectly, suggest, solicit, or imply the possibility of any in-person meeting or physical interaction with a Creator or Creator Offering, including through social media or other promotional communications. The Service is intended solely for virtual interactions for entertainment purposes. Any communication or conduct that could reasonably be interpreted as an invitation or offer for offline contact is strictly prohibited.

Content

You may provide input to the Service (“Input”), and receive output from the Service based on the Input (“Output”). Input and Output are collectively “Content”. You are responsible for Content, including ensuring that it does not violate any applicable law or these terms of service. You state that you have all rights, licenses, and permissions needed to provide Input to the Service.

As between you and the Company, and to the extent permitted by applicable law, you (1) retain your ownership rights in Input and (2) we own the Output.

Due to the nature of our Service and its underlying technology, Output may not be unique and other Users may receive similar or identical responses.

By providing Input to the Service, you hereby grant the Company a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, and transferable license to use, reproduce, modify, distribute, and display your Input as necessary to operate, improve, and develop the Service. This license does not extend to publicizing or otherwise using your Input outside of the scope of these terms of service.

The technologies used to power the Service are rapidly evolving, and we are continuously working to improve their accuracy, reliability, safety, and overall performance. Because these technologies may rely on probabilistic models, Output may in some cases be incomplete, inaccurate, or fail to reflect real people, places, or facts.

When you use our Service you understand:

  • Output may not always be accurate. You should not rely on Output from our Service as a sole source of truth or factual information, or as a substitute for professional advice.
  • You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Service.
  • You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person.
  • Our Service may provide incomplete, incorrect, or offensive Output that does not represent the Company’s views. If Output references any third-party products or services, it doesn’t mean the third party endorses or is affiliated with the Company.

Monitoring and Enforcement; Termination

We may:

  • Remove or refuse to post any Content for any reason.
  • Take any action regarding any Content that we consider necessary or appropriate, including if we believe that the Content violates these terms of service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of our Users or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service, including posting illegal or unauthorized Content. The Company will report any Content that could be considered child sexual abuse material (CSAM) to the National Center for Missing and Exploited Children’s CyberTipline and any other legal and regulatory bodies.
  • Terminate or suspend your access to all or part of the Service for any reason, including any violation of these terms of service.

If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting our support team at support@goodchat.com.

We may cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. You hereby waive and shall indemnify the Company and its affiliates, licensees, and service providers against any claims resulting from any action taken by any of the foregoing parties during, or taken because of, investigations by either those parties or law enforcement authorities.

We actively monitor material on the Service and may review material before or after it is made available. We reserve the right to remove or restrict access to any material that we determine violates these terms of service (including our Acceptable Use Policy), applicable law, or the rights of others. While we strive to respond promptly to violations, we cannot guarantee immediate removal in every instance. We are not responsible for any third-party material, but we take reasonable steps to detect and address misuse in accordance with our policies.

Copyright Infringement

If you believe that any Content violates your copyright, please see our DMCA Policy for instructions on sending us a notice of copyright infringement. The Company’s policy is to terminate repeat infringers’ User accounts.

Reliance on Information Posted

The information presented on or through the Service is made available solely for general information purposes. We are not making any statement about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. We will not be liable for any reliance placed on those materials by you or any other User of the Service, or by anyone who may be informed of any of its contents.

The Service includes Content provided by Creators. All statements or opinions expressed in these materials other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the Company’s opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by Creators.

Changes to the Service

We may update the Service on one or more occasions, but its material is not necessarily complete or up to date. Any of the material on the Service may be out of date at any given time, and we are not required to update that material.

Information About You and Your Use of the Service

All information we collect through the Service is subject to our Privacy Policy. By using the Service, you hereby consent to all actions taken by us regarding your information in compliance with the Privacy Policy.

Payment and Tipping

Customers may access and use the Service, including interacting with Creator Offerings, free of charge.

The Service also allows Customers to send voluntary monetary tips to Creators. Tips are entirely optional and are not required to initiate access to the Service or to begin interacting with any Creator Offering. Tips are intended solely as a way for Customers to support Creators and show appreciation.

In some cases, Creator Offerings may include functionality where interactions pause after a certain point unless the Customer chooses to send a tip. This feature is intended to encourage support but does not require tipping to access the Service or engage with Creator Offerings generally. Tips do not purchase or unlock specific content, features, or services, and they do not guarantee any particular response or outcome.

Tips are processed through third-party payment providers. By submitting a tip, you authorize the Service to charge your selected payment method. Tip amounts are displayed in U.S. dollars and may be subject to applicable taxes or fees.

All tips are final and non-refundable, except where required by law. The Company may issue refunds or credits in exceptional circumstances.

Linking to the Service and Social Media Features

You may link to the Service homepage, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our written consent.

The Service may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Service.
  • Send emails or other communications with certain content, or links to certain content, on the Service.
  • Cause limited portions of content on the Service to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely regarding the content they are displayed with, and otherwise in accordance with any additional terms we provide regarding those features. Subject to the preceding, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Service or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Service other than the homepage or your profile (if you are a Creator).
  • Otherwise take any action regarding the materials on the Service that is inconsistent with any other provision of these terms of service.

The website from which you are linking, or on which you make certain content accessible, must comply with the Acceptable Use Policy.

You must cooperate with us in causing any unauthorized framing or linking immediately to stop. We may withdraw linking permission without notice.

We may disable any social media features and any links without notice.

Links from the Service

If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that might arise from your use of them. If you decide to access any of the third-party websites linked to the Service, you do so entirely at your own risk and subject to the terms for those websites.

Warranty Disclaimers

You acknowledge that we cannot and do not state that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Service for any reconstruction of any lost data. To the extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Service or any services or items obtained through the Service or to your downloading of any material posted on it, or on any website linked to it.

You acknowledge that the Service operates through third-party messaging platforms and we are not responsible for the privacy, security, or functionality of these third-party services. You acknowledge that interactions through these platforms are subject to their respective terms and policies.

Your use of the Service, its content, and any services or items obtained through the Service is at your own risk. The Service, its content, and any services or items obtained through the Service are provided “as is” and “as available,” without any warranties, either express or implied. Neither the Company nor any person associated with the Company is making any warranty regarding the completeness, security, reliability, quality, accuracy, or availability of the Service. Without limiting the preceding, neither the Company nor anyone associated with the Company is making any warranty (1) that the Service, its content, or any services or items obtained through the Service will be accurate, reliable, error-free, or uninterrupted, (2) that defects will be corrected, (3) that our Service or the server that makes it available are free of viruses or other harmful components, (4) that we will host, make available, or remove any specific item of Content, (5) that we will continue to support any particular feature or maintain backward compatibility with any third-party software or device, or (6) that the Service or any services or items obtained through it will otherwise meet your needs or expectations.

To the extent provided by law, the Company is not making any warranty, whether express or implied, statutory, or otherwise, including but not limited to any warranty of merchantability, noninfringement, and fitness for a particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation of Liability

To the extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages, under any legal theory, arising out of or in connection with your use, or inability to use, the Service, any websites linked to it, any content on the Service or those other websites or any services or items obtained through the Service or those other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

To the extent provided by law, in no event will the collective liability of the Company and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $250 and the amount you have paid for the Service in the three months preceding the claim.

The limitations of liability set out above do not apply to liability resulting from our gross negligence or willful misconduct.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You shall indemnify the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms of service or your access or use of the Service, including, but not limited to, your Content, any use of the Service’s content, services, and products other than as expressly authorized in these terms of service, or your use of any information obtained from the Service.

Resolving Disputes

Governing Law

Delaware law governs all adversarial proceedings arising out of these terms of service or your access or use of the Service.

Equitable Remedies

Each party acknowledges that (1) breach by either party of that party’s obligations under these terms of service has the potential to cause irreparable harm for which damages would be an inadequate remedy and (2) if any such breach occurs or is threatened and might cause irreparable harm, each party would want a court to grant the other party an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.

Arbitration and Class Action Waiver

Mandatory Arbitration

You and the Company are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action regarding a claim. Other rights that you would have if you went to court might also be unavailable or might be limited in arbitration.

Arbitration Forum

As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of these terms of service or your access or use of the Service (other than any proceeding brought by a party seeking an injunction, a restraining order, or any other equitable remedy to which that party is entitled under the Equitable Remedies provision), a party may demand that the dispute be resolved by arbitration administered by National Arbitration and Mediation (“NAM”) in accordance with its Comprehensive Dispute Resolution Rules and Procedures and, if applicable, Supplemental Rules for Mass Arbitration Filings, which are available at https://www.namadr.com/resources/rules-fees-forms/. Judgment on any award rendered in any arbitration may be entered in any court having jurisdiction.

Arbitration Procedures

Any arbitration begun in accordance with this arbitration provision must be conducted by one arbitrator.

Any arbitration begun in accordance with this arbitration provision must be conducted virtually using Zoom or a virtual meeting platform that provides similar functionality. If virtual arbitration is not possible due to technical issues, because the arbitrator is unwilling or unable to attend the arbitration virtually, or for one or more other compelling reasons, the arbitration must be conducted in Wilmington, Delaware.

The arbitrator must not award punitive damages in addition to compensatory damages. Each party hereby waives any right to recover any such damages in any arbitration.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. The Company will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the Arbitration Agreement, except that the state or federal courts of Wilmington, Delaware, have the authority to determine any dispute about enforceability or validity of the class action waiver.

The activities described in these terms of service involve interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement and any arbitration.

Small Claims Exception

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intent to do so within 60 days of the date your claim arose. The small-claims court proceeding will be limited solely to your individual dispute or controversy.

Class and Jury Trial Waivers

The parties intend to arbitrate solely on an individual basis, and these terms of service does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative proceeding. The arbitrator must not consolidate more than one person’s claims and must not otherwise preside over any form of a representative or class proceeding. Only individual relief is available. The parties shall sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and the Company knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

Batch Arbitration

If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within 90 days of each other, then you and the Company agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

Severability

If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining portions of the Arbitration Agreement will remain in force.

Jurisdiction

If either party brings a proceeding regarding the enforceability or validity of the class action waiver or seeking an injunction, a restraining order, or other equitable remedy to which that party is entitled under the Equitable Remedies provision, that party may bring that proceeding only in the United States District Court for the District of Delaware or, only if there is no federal subject matter jurisdiction, in a state court of Delaware sitting in Wilmington.

Each party hereby waives any claim that any proceeding brought in accordance with this provision has been brought in an inconvenient forum or that the venue of that proceeding is improper.

Recovering Expenses

Except as otherwise provided in the Arbitration and Class Action Waiver, in an adversarial proceeding between the parties arising out of these terms of service or your access or use of the Service, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.

Time Limit to File Claims

Apart from proceedings arising from a claim for Indemnification, neither party may initiate adversarial proceedings to resolve any dispute arising out of these terms of service or your access or use of the Service more than one year after the date that dispute arose.

Waiver and Severability

No waiver of any provision of these terms of service will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under these terms of service will operate as a waiver of that right or remedy. A waiver granted on one occasion will not operate as a waiver on future occasions.

If any provision of these terms of service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of these terms of service will continue in full effect.

Entire Agreement

These terms of service constitute the entire understanding between the parties regarding these terms of service or your access or use of the Service. You acknowledge that because you have not relied on, and will not be relying on, any statements made by the Company arising out of these terms of service or your access or use of the Service, you will have no basis for bringing any claim for fraud in connection with any such statements.

Feedback

We encourage you to provide feedback about the Service. But we will not treat as confidential any suggestion or idea provided by you, and nothing in these terms of service will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.

Your Comments and Concerns

The Service is operated by Network Capital, LLC, 1395 Brickell Ave, Suite 800, Miami, FL, 33131.

All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA Policy in the manner and by the means set out in it.

All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: support@goodchat.com.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.